CHAPTER XXI.

 

OF ATTORNEYS AND COUNSELLORS AT LAW.

 

§1065.  The Supreme Court shall have power to examine and admit as practitioners in the courts of record, such persons, being Hawaiian subjects, of good moral character, and having taken the prescribed oath of office, as said court may find qualified for that purpose.

 

§1066.  Said practitioners shall be summarily amenable to the courts of record, and may be fined, imprisoned or dismissed from the roll of practitioners, for satisfactory cause, upon the complaint of any party aggrieved by their mal-practice, or for non-payment of moneys collected by them for private parties, or for any deceit, or other gross misconduct.

 

§1067.  They shall have the right to practice in all courts of the Kingdom, and to appear therein as attorneys, counselors, solicitors  or proctors, in behalf of third persons who may choose to retain them, for the prosecution or defense of actions, civil, criminal or missed; and shall be entitled to chare for their services the fees prescribed by law, which being taxed by any judge of the court, shall be added to the judgment and collected for their benefit.

 

§1068.  No person shall be allowed to practice in any court of record in this Kingdom, or before a circuit judge at chambers, unless he shall have been duly licensed so to do by the Supreme Court:  provided, that nothing in this chapter contained shall be construed to prevent any person, plaintiff, defendant or accused, from appearing in person before any court, or justice, and there prosecuting or defending his own cause, without the aid of legal counsel.

 

§1069.  The practitioners so licensed shall have control to judgment and execution, of all suits and defenses confided to them:  provided, however, that no such petitioner shall have power to compromise, arbitrate and settle such matters confided to him, unless upon special authority in writing from his client.

 

§1070.  The oath of office to be taken and subscribed by such practitioners shall be as follows:

Supreme Court, H.I.

______________  ______________, being duly sworn, deposes that he will support the Constitution and Laws of the Hawaiian Islands, and faithfully discharge the duties of attorney, counselor, solicitor and proctor, in the courts of this Kingdom, to the best of his ability.

 

Such oath shall be taken and subscribed before some judge of a court of record.

 

§1071.  The license to be given to a practitioner shall be in the following form:

 

Supreme Court, H.I.

______________  ______________, Esquire, having been examined and found duly qualified, and of good moral character, I do hereby license him to practice in all the courts oft his Kingdom as an attorney, counselor, solicitor and proctor thereof, during good behavior.

Given under my hand and the seal of the Supreme Court, this ______ day of ________________, 18______.

___________________,

Chief Justice

 

§1072.  The Supreme Court may prescribe terms and periods of study preparatory to the admission of practitioners, and rules for their government in the pursuit of their practice not inconsistent with any law of the Kingdom.

 

§1073.  Repealed.

 

§1074.  The clerk of the Supreme Court shall exact from every practitioner, upon his receiving a license, an admission fee of ten dollars, for the benefit of the public treasury.

That Chapter 21 of the Civil Code concerning attorneys and counselors at law be amended by adding thereto the following sections:

 

§1074a.  The Supreme Court and the several Circuit Courts shall have power to examine and admit as practitioners in the police and district courts in the Kingdom such persons, being Hawaiian subjects of good moral character and having taken the oath of office, as said courts may find qualified for that purpose.

 

§1074b.  The said license shall be for the term of two years, and shall be valid in all the judicial circuits of the Kingdom.  The fee for a license shall be five dollars for the first issue, and two dollars for each renewal thereof.  Such license may be in the following form:

 

_________________________ Court.

____________________  ___________________, Esquire, having been examined and found duly qualified and of good moral character, is hereby licensed to practice in the police and district courts of all the judicial circuits of the Kingdom as an attorney at law for the term of two years from date.

By order of the court.

__________________________ Clerk.

Dated _____________________.

 

§1074c.  No person shall be allowed to practice law in the police and district courts of the Kingdom without a license:  provided that any person may appear to prosecute or defend his own cause.  And section 1073 of the Civil Code and all other Acts and parts of Acts inconsistent herewith are hereby repealed.

 

 

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